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In 2008, starting on April 4, Texas State officials took 436 women and children into temporary legal custody after Rozita Swinton, a 33 year old woman living in Colorado Springs, Colorado, called both Texas Social Services and a local shelter claiming to be a 16-year-old girl. She made a series of phone calls to authorities in late March, claiming she had been beaten and forced to become a "spiritual" wife to an adult man. Acting on her calls, authorities raided the ranch in Eldorado, about 40 miles south of San Angelo. The [[YFZ Ranch]] is owned by the [[Fundamentalist Church of Jesus Christ of Latter Day Saints]] (FLDS), a Mormon offshoot that practices polygamy. Two men were arrested for obstructing the raid but were later released. All of the families/children taken were released and many lawsuits are still pending against the state.<ref>{{cite news | url = http://www.deseretnews.com/article/1,5143,695268544,00.html | title = Affidavit: FLDS raid spurred by girl's reports of physical, sexual abuse | date = 8 April 2008 | publisher = [[Deseret Morning News]] | accessdate = 2008-04-09 }}</ref><ref>{{cite news | url = http://www.deseretnews.com/article/1,5143,695273381,00.html | title = Number of children in Texas custody rises — some young mothers are actually under 18 | date = 24 April 2008 | publisher = [[Deseret Morning News]] | accessdate = 2008-04-25 }}</ref><ref>{{cite news | url = http://www.newsweek.com/2008/07/26/rozita-swinton-s-bad-call.html | title = Rozita Swinton's Bad Call | date = 26 July 2008 | publisher = [[Newsweek]] | accessdate = 2011-03-22 }}</ref>
In 2008, starting on April 4, Texas State officials took 436 women and children into temporary legal custody after Rozita Swinton, a 33 year old woman living in Colorado Springs, Colorado, called both Texas Social Services and a local shelter claiming to be a 16-year-old girl. She made a series of phone calls to authorities in late March, claiming she had been beaten and forced to become a "spiritual" wife to an adult man. Acting on her calls, authorities raided the ranch in Eldorado, about 40 miles south of San Angelo. The [[YFZ Ranch]] is owned by the [[Fundamentalist Church of Jesus Christ of Latter Day Saints]] (FLDS), a Mormon offshoot that practices polygamy. Two men were arrested for obstructing the raid but were later released. All of the families/children taken were released and many lawsuits are still pending against the state.<ref>{{cite news | url = http://www.deseretnews.com/article/1,5143,695268544,00.html | title = Affidavit: FLDS raid spurred by girl's reports of physical, sexual abuse | date = 8 April 2008 | publisher = [[Deseret Morning News]] | accessdate = 2008-04-09 }}</ref><ref>{{cite news | url = http://www.deseretnews.com/article/1,5143,695273381,00.html | title = Number of children in Texas custody rises — some young mothers are actually under 18 | date = 24 April 2008 | publisher = [[Deseret Morning News]] | accessdate = 2008-04-25 }}</ref><ref>{{cite news | url = http://www.newsweek.com/2008/07/26/rozita-swinton-s-bad-call.html | title = Rozita Swinton's Bad Call | date = 26 July 2008 | publisher = [[Newsweek]] | accessdate = 2011-03-22 }}</ref>

The stars of the TLC show Sister Wives are involved in a lawsuit challenging the state of Utah's bigamy laws. <ref>{{cite news \ url= http://www.sltrib.com/sltrib/blogspolygblog/55657791-191/jensen-waddoups-polygamy-fundamental.html.csp | title = More notes from the ‘Sister Wives’ court hearing \ date = 18 January 2013 | publisher = {{http://www.sltrib.com}}</ref>


== Canada ==
== Canada ==

Revision as of 14:44, 21 August 2013

Template:Legal recognition of polygamy Polygamy is the practice of taking more than one spouse. Polygyny is the specific practice of one man taking several wives several wives, is a common marriage pattern in some parts of the world. In North America polygamy has never been a culturally normative or legally recognized institution after it was colonized by Europeans.

Polygamy became a significant social and political issue in the United States in 1852, when The Church of Jesus Christ of Latter-day Saints (LDS Church) made it known that a form of the practice, called plural marriage, was part of its doctrine. Opposition to the practice by the United States government resulted in an intense legal conflict, and culminated in LDS Church president Wilford Woodruff announcing the church's official abandonment of the practice on September 25, 1890.[1]

Breakaway Mormon fundamentalist groups living mostly in the western United States, Canada, and Mexico still practice plural marriage. A very small minority of American Muslims also practice polygamy.[2]

Polygamy defined

Polygamy is defined as the practice or condition of having more than one spouse at the same time, conventionally referring to a situation where all spouses know about each other, in contrast to bigamy, where two or more spouses are usually unaware of each other.[3]

Legality of Polygamy in North America

According to the Model Penal Code (section 230.1) bigamy is a misdemeanor, but having more than one spouse at the same time is a felony if it is done "in purported exercise of a plural marriage..." According to Joel Feinberg in Moral Limits of the Criminal Law, "Righteously flaunting one's illicit relationships, according to the Code, is apparently a morally aggravating circumstance, more punishable than its clandestine and deceptive counterpart."[4]

In Canada all provinces adhere to the federal Criminal Code of Canada which makes polygamy an offense and punishable by up to five years in prison.

History of polygamy

Polygamy in the United States has a long history. Many Native American tribes practiced polygamy (generally polygyny)[5] and European mountain men often took native wives and adopted the practice.[6] Some tribes seem to have continued the practice into the 20th century.[6]

Scots-Irish settlers, and some Welsh emigrants, carried long-standing multiple partner traditions to the Americas from Europe.[6] Utopian and communal groups established during the mid-19th century had varying marriage systems, including group marriage and polygyny. (Loue, pp. 27–30) There is also some evidence in the American South for multiple marriage partners, particularly after the Civil War.[6]

Polygamy has also been practiced, discreetly, by some Muslims living in America.[7]

Christian polygamy is a more modern development of a polygamist culture.[8][9][unreliable source?] They assert that the movement has no connection with Joseph Smith.

Because polygamy has been illegal throughout the United States since the mid-19th century, and in many individual states before that, sources on alternative marriage practices are limited. Consequently, it is difficult to get a clear picture of the extent of the practice in the past and at the present time.

Early Latter Day Saint practice

Mormonism and polygamy
Portrait of five caucasian Latter-day Saints, married to each other in nineteenth-century Latter-day Saint polygamy, against the backdrop of what may be a hedge. All seem to be posing; none face the camera. Leftmost is a woman, seated, her hair done in a high, braided bun, wearing a dress with buttons down the middle; in her hands are an open book. Center-left, standing furthest to the back (though still very much with the portraited group) is a woman, her hair done up but resting low, in a polka-dotted top and a scarf or ascot around her neck and a skirt. She carries a hat, held to her waist. Center is a woman, sort of kneeling or seated (perhaps there is an unseen stool she's sitting on?). She wears a white dress, her hair is done up in a high and large bun and she wears a headband. In her right arm she holds a hat, over her knees; her left arm rests on the lap of the man sitting center right. She may be leaning against his legs. Center-right is a man, wearing a suit jacket of some kind and a high-collared shirt. He is balded and bearded. His left hand is placed over the left arm of the center woman. Rightmost is a woman, her hair done up but resting low, sitting in a visibly wooden (likely handcrafted) chair. She wears a dress with buttons going down the middle. She holds a hat, which looks very like center's hat, over her knees.
A Mormon "Saint" and Wives by Charles Weitfle (c. 1878–1885)
Early Mormonism
Joseph Smith • Wives of Joseph Smith • Origin of Latter Day Saint polygamy • Spiritual wifery
Latter-day Saints
Brigham Young • Wives of Brigham Young • Late-19th century Mormon polygamy • Mormon colonies in Mexico • 1890 Manifesto • Reed Smoot hearings • 1904 Manifesto
Mormon fundamentalism
AUB • Centennial Park group • Council of Friends • Current state of polygamy • FLDS Church • Kingston Group • List of leaders • Lost boys • Short Creek raid • YFZ Ranch
Antipolygamy laws
Morrill Anti-Bigamy Act • Poland Act • Edmunds Act • Edmunds–Tucker Act
Case law
Reynolds v. US • Cannon v. US • Clawson v. US • Davis v. Beason • Late Corp. of the LDS Church v. US • Cleveland v. US • Brown v. Buhman • List of polygamy court cases
Related articles
Celestial marriage • Freedom of religion in the US • Legal status of polygamy • List of practitioners  • Polygamy czar • Polygamy in Christianity • Polygamy in North America • Timeline of civil marriage in the United States
Latter Day Saints portal

The Mormon practice of plural marriage was officially introduced by Joseph Smith, the founder of the Latter Day Saint movement, on July 12, 1843. As polygamy was illegal in the state of Illinois,[10] it was practiced privately. Though during the 1839–44 Nauvoo era several Mormon leaders including Smith, Brigham Young and Heber C. Kimball took plural wives, Mormon elders who publicly taught that all men were commanded to enter plural marriage were subject to discipline; for example, the February 1, 1844 excommunication of Hyram Brown.[11] In May 1844 Smith declared, "What a thing it is for a man to be accused of committing adultery, and having seven wives, when I can only find one."[12]

After the death of Joseph Smith, the practice of polygamy was carried to the West by The Church of Jesus Christ of Latter-day Saints, then led by Brigham Young. In what is today Utah and some surrounding areas, the principle of plural marriage was openly practiced. In 1852, Young felt the Church in Utah was secure enough to announce the practice of polygamy to the world. However the opposition by the U.S. government threatened the legal standing of the church. President Wilford Woodruff announced the church's official abandonment of the practice on September 25, 1890. Woodruff's declaration was formally accepted in a church general conference on October 6, 1890. The Church's stand on the practice of polygamy was reinforced by a second formal statement in 1904, renouncing the practice in all areas of the world.[13] Although the largest part of the Mormon population accepted the prohibition on plural marriage, various splinter groups left the mainline LDS Church to continue the open practice of plural marriage.

Latter Day Saint Fundamentalism

Some sects that practice or at least sanction polygamy are the Fundamentalist Church of Jesus Christ of Latter Day Saints, the Latter-day Church of Christ and the Apostolic United Brethren. Polygamy among these groups persists today in Utah, Arizona, Colorado, Canada, and other neighboring states, and the spin-off colonies, as well as up to 15,000 isolated individuals with no organized church affiliation.[14] Polygamist churches of Latter Day Saint origin are often referred to as "Mormon fundamentalist"; however, the larger LDS church rejects polygamy today. They often use an ambiguous September 27, 1886 revelation to John Taylor as the basis for their authority to continue the practice of plural marriage.[15][unreliable source?]

The Salt Lake Tribune estimates there are as many as 37,000 fundamentalists, with less than half of them living in polygamous households.[16] Most of the polygamy is believed to be restricted to about a dozen extended groups of polygamous fundamentalists.[17][18][19][20] The LDS Church asserts that it is improper to call any of these splinter polygamous groups "Mormon."[21][22]

Current Polygamist Groups

Members of the Fundamentalist Church of Jesus Christ of Latter-Day Saints (FLDS) practice polygamy in arranged marriages that often, but not always, involve placing young girls with older men. FLDS members live in the twin communities of Hildale, Utah, and Colorado City, Arizona, about 350 miles southwest of Salt Lake City, with other communities in Canada, Texas and other areas of the North American west. The head of this church is currently Warren Jeffs.[23]

Overall in Utah today, those living in polygamist families number about 40,000 people, or about 1.4 percent of the population.[24] Polygamists are difficult to prosecute because many only seek marriage licenses for their first marriage, while the other marriages are secretly conducted in private ceremonies. Thereafter, secondary wives attempt to be seen in public as single women with children.[24]

Multiple divorce and marriage for polygamy

Some polygamous families use a system of multiple divorce and legal marriage as a loophole in order to avoid committing a criminal act. In such cases the husband marries the first wife, she takes his last name, he divorces her and then marries the next wife, who takes his name. This is repeated until he has married and divorced all his wives, except possibly the last one. This way the wives feel justified in calling themselves Mrs. [husband's last name] and, while legally they're divorced from the husband, they still act as if married to him and expect those around them to acknowledge and respect this.

Since only one wife is officially married to the husband at any one time, no law is being broken and so this type of polygamous family unit can be overt about their relationship.

The conviction of Thomas Arthur Green in 2001 may have made the legal status of such relationships more precarious in Utah, although Green's bigamy convictions were made possible only by his own public statements.

Polygamy today

Those who live in their own communities tend to find their additional spouses from within their own communities or networks of like communities. This can involve daughters of polygamous families entering into arranged marriages with older men who already have a number of wives. This is commonly called daughter swapping. Marriage age can be young and sometimes below the legal minimum. It is also not uncommon for fairly close relatives to marry, leading to inbreeding, though part of this comes from the difficulty of keeping track of the complex net of familial relations.[citation needed]

Those who are geographically separated from other polygamists in their culture use other means to find additional spouses.[citation needed]

These fundamentalist sects tend to aggregate in communities where they all commonly share their own specific religion and thus basis for polygamy. These small groups ranging from a few hundred to about 10,000 are reported to be located in various communities of the Western United States, Canada, and Mexico[25] including:

Recent polygamy cases

The practice of informal polygamy among fundamentalist groups presents interesting legal issues. It has been considered difficult to prosecute polygamists for bigamy, in large part because they are rarely formally married under state laws. Without evidence that suspected offenders have multiple formal or common-law marriages, these groups are merely subject to the laws against adultery or unlawful cohabitation — laws which are not commonly enforced because they also criminalize other behavior that is otherwise socially sanctioned. However, some "Fundamentalist" polygamists marry women prior to the age of consent, or commit fraud to obtain welfare and other public assistance.

In 1953, the state of Arizona investigated and raided a group of 385 people in the polygamist-practicing colony of Hildale and Colorado City, straddling the Utah-Arizona border. All the men were arrested and the children were placed with foster families. A judge eventually ruled this action illegal, and everyone returned to their community, which now numbers about 10,000.[27]

In 2001, in the state of Utah in the United States, Juab County Attorney David O. Leavitt successfully prosecuted Thomas Green who was convicted of criminal non-support and four counts of bigamy for having five serially monogamous marriages, while living with previous legally divorced wives. His cohabitation was considered evidence of a common-law marriage to the wives he had divorced while still living with them. That premise was subsequently affirmed by the Utah Supreme Court in State v. Green, as applicable only in the State of Utah. Green was also convicted of child rape and criminal non-support.[28]

In 2005, the state attorneys-general of Utah and Arizona issued a primer on helping victims of domestic violence and child abuse in polygamous communities.[29] It was subsequently updated four times, the latest in 2011.[25][26][30][31] Enforcement of crimes such as child abuse, domestic violence, and fraud were emphasized over the enforcement of anti-polygamy and bigamy laws. The priorities of local prosecutors are not covered by this statement.

In 2008, starting on April 4, Texas State officials took 436 women and children into temporary legal custody after Rozita Swinton, a 33 year old woman living in Colorado Springs, Colorado, called both Texas Social Services and a local shelter claiming to be a 16-year-old girl. She made a series of phone calls to authorities in late March, claiming she had been beaten and forced to become a "spiritual" wife to an adult man. Acting on her calls, authorities raided the ranch in Eldorado, about 40 miles south of San Angelo. The YFZ Ranch is owned by the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS), a Mormon offshoot that practices polygamy. Two men were arrested for obstructing the raid but were later released. All of the families/children taken were released and many lawsuits are still pending against the state.[32][33][34]

The stars of the TLC show Sister Wives are involved in a lawsuit challenging the state of Utah's bigamy laws. [35]

Canada

In Canada, polygamy is a criminal offense[36] but prosecutions are rare. As of January 2009, no person has been prosecuted for polygamy in Canada in over sixty years.[37] However, Edith Barlow, a mother of five in the polygamous community of Bountiful, B.C., was denied permanent residence and was asked to leave the country after ten years in Canada.[38]

A 2005 report by the Alberta Civil Liberties Research Centre recommended that Canada decriminalize polygamy, stating: "Criminalization is not the most effective way of dealing with gender inequality in polygamous and plural union relationships. Furthermore, it may violate the constitutional rights of the parties involved."[39] In 2007, the Attorney General of British Columbia expressed concerns over whether this prohibition is constitutional, and an independent prosecutor in British Columbia recommended that Canadian courts be asked to rule on the constitutionality of laws against polygamy.[40] The Supreme Court of British Columbia upheld Canada's polygamy laws in a 2011 reference case.[41][42]

See also

References

  1. ^ Woodruff's declaration was formally accepted in a church general conference on October 6, 1890.
  2. ^ Philly's Black Muslims Increasingly turn to polygamy
  3. ^ George Monger (2004). Marriage customs of the world: from henna to honeymoons. Santa Barbara, Calif: A BC-CLIO. p. 31. ISBN 1-57607-987-2. Retrieved September 1, 2010. Bigamy has come to mean the state of being married to two partners at the same time, generally with both partners unaware of the existence of the other.
  4. ^ Feinberg, Joel (1986). Harm to Self (Moral Limits of the Criminal Law, Vol 3). Oxford University Press, USA. pp. 266, 402. ISBN 978-0-19-505923-6.
  5. ^ Turley, Jonathan (10 March 2004). "Polygamy laws expose our own hypocrisy". USA Today. Retrieved 12 June 2009. {{cite news}}: Cite has empty unknown parameter: |coauthors= (help); Unknown parameter |paragraph= ignored (help)
  6. ^ a b c d Tracy, Kathleen. "The Secret Story of Polygamy." Sourcebooks, December 2001. ISBN 1-57071-723-0.
  7. ^ Philly's Black Muslims Increasingly Turn to Polygamy
  8. ^ Christian Polygamy – Christian Polygamy INFO ™. Christianpolygamy.info. Retrieved on 2011-04-17.
  9. ^ Polygamists hit the Web in search of 'sister-wives' — JSCMS. Jscms.jrn.columbia.edu. Retrieved on 2011-04-17.
  10. ^ Greiner & Sherman, Revised Laws of Illinois, 1833, pg. 198–199
  11. ^ Times and Seasons, vol. 5, pg. 423, February 1, 1844
  12. ^ History of The Church of Jesus Christ of Latter-day Saints, Volume VI, edited by B. H. Roberts, 1902.
  13. ^ Scriptures of The Church of Jesus Christ of Latter-day Saints, for the Sunday Schools, Salt Lake City: Deseret Sunday School Union, 1968, p. 159
  14. ^ Brooke Adams, Fundamentalists: Most espouse polygamy as a tenet, but fewer actually practice it as their lifestyle, Salt Lake Tribune, 11 August 2005, as quoted at principlevoices.org, Accessed 8 June 2007
  15. ^ "An 1886 Revelation to John Taylor"
  16. ^ "LDS splinter groups growing" by Brooke Adams, August 9, 2005 – SLT Article ID: 10BF07C805DE5990
  17. ^ Dougherty, John (2005-12-29). "Forbidden Fruit". Phoenix New Times. {{cite news}}: Italic or bold markup not allowed in: |publisher= (help)
  18. ^ Hollenhorst, John (2006-02-08). "Birth defect is plaguing children in FLDS towns". Deseret Morning News. {{cite news}}: Italic or bold markup not allowed in: |publisher= (help)
  19. ^ "Doctor: Birth defects increase in inbred polygamy community". Daily Herald. 2006-02-09. {{cite news}}: Italic or bold markup not allowed in: |publisher= (help)
  20. ^ Szep, Jason (2007-06-14). "Polygamist community faces rare genetic disorder". Reuters.
  21. ^ "Mormon Fundamentalists", 6 March 2006 press release by the LDS Church
  22. ^ "Polygamist Sects Are Not 'Mormons,' Church Says", 25 October 2006 press release by the LDS Church
  23. ^ The Associated Press. "National Briefs." Telegraph – Herald [Dubuque, Iowa] 21 Nov. 2007,C3. ProQuest Newsstand. ProQuest. Brigham Young University, Provo, Utah. 11 December 2007
  24. ^ a b James Brooke. "Utah Struggles With a Revival of Polygamy. " New York Times [New York, N.Y.] 23 August 1998, Late Edition (East Coast): 12. ProQuest Newsstand. ProQuest. Brigham Young University, Provo, Utah. 11 Dec. 2007
  25. ^ a b c d e f g h i j k l m n o p q r s Utah Attorney General's Office, Arizona Attorney General's Office, Family Support Center (2011), The Primer: A Guidebook for Law Enforcement and Human Services Agencies Who Offer Assistance to Fundamentalist Mormon Families (PDF), archived from the original (PDF) on 2012-04-27, retrieved 2013-02-04 {{citation}}: Unknown parameter |month= ignored (help)CS1 maint: multiple names: authors list (link)
  26. ^ a b c d Utah Attorney General's Office and Arizona Attorney General's Office (2006), The Primer: Helping Victims of Domestic Violence and Child Abuse in Polygamous Communities (PDF), archived from the original (PDF) on 2007-07-19 {{citation}}: Unknown parameter |month= ignored (help)
  27. ^ Nicholas Riccardi. "The Nation; Jeffs may be put away for life, but polygamy's at large in Utah :[HOME EDITION]. " Los Angeles Times [Los Angeles, Calif.] 27 September 2007, A.13. Los Angeles Times. ProQuest. Brigham Young University, Provo, Utah. 11 Dec. 2007
  28. ^ State v. Green
  29. ^ Utah Attorney General's Office and Arizona Attorney General's Office (2005), The Primer: Helping Victims of Domestic Violence and Child Abuse in Polygamous Communities (PDF), archived from the original (PDF) on 2005-01-11 {{citation}}: Unknown parameter |month= ignored (help)
  30. ^ Utah Attorney General's Office and Arizona Attorney General's Office (2005), The Primer: Helping Victims of Domestic Violence and Child Abuse in Polygamous Communities (PDF), archived from the original (PDF) on 2005-09-07 {{citation}}: Unknown parameter |month= ignored (help)
  31. ^ Utah Attorney General's Office and Arizona Attorney General's Office (2009), The Primer: A Guidebook for Law Enforcement and Human Services Agencies Who Offer Assistance to Fundamentalist Mormon Families (PDF), archived from the original (PDF) on 2009-08-20 {{citation}}: Unknown parameter |month= ignored (help)
  32. ^ "Affidavit: FLDS raid spurred by girl's reports of physical, sexual abuse". Deseret Morning News. 8 April 2008. Retrieved 2008-04-09.
  33. ^ "Number of children in Texas custody rises — some young mothers are actually under 18". Deseret Morning News. 24 April 2008. Retrieved 2008-04-25.
  34. ^ "Rozita Swinton's Bad Call". Newsweek. 26 July 2008. Retrieved 2011-03-22.
  35. ^ {{cite news \ url= http://www.sltrib.com/sltrib/blogspolygblog/55657791-191/jensen-waddoups-polygamy-fundamental.html.csp | title = More notes from the ‘Sister Wives’ court hearing \ date = 18 January 2013 | publisher = Template:Http://www.sltrib.com
  36. ^ "[[Criminal Code of Canada|Criminal Code]], [[Revised Statutes of Canada|RSC]] 1985, c C-46", Statutes and Regulations of Canada (Federal), Canadian Legal Information Institute, retrieved 2011-12-05 {{citation}}: |contribution= ignored (help); URL–wikilink conflict (help)
  37. ^ Lak, Daniel (January 21, 2009). "Canada's polygamy legislation". CBC News. Retrieved 2011-12-05.
  38. ^ Salt Lake Tribune article about Edith Barlow[full citation needed]
  39. ^ Polygamy in Canada: Legal and Social Implications for Women and Children – A Collection of Policy Research Reports.
  40. ^ Dowd, Allan (August 1, 2007). "Canada urged to review legality of polygamy ban". Reuters. Retrieved 2011-12-05.
  41. ^ "Canada's polygamy laws upheld by B.C. Supreme Court". CBC News. November 23, 2011. Retrieved 2011-12-05.
  42. ^ "Reference re: Section 293 of the Criminal Code of Canada", 2011 [[Supreme Court of British Columbia|BCSC]] 1588, CanLII {{citation}}: URL–wikilink conflict (help)

Further reading

  • Kilbride, Philip. "Plural Marriage for Our Times: A Reinvented Option?" Bergin & Garvey; 1994.
  • Lauman, Edward O., John H. Gagnon, Robert T. Michael, and Stuart Michaels. The Social Organization of Sexuality: Sexual Practices in the United States: Chapter 13: Sex, Cohabitation, and Marriage. Chicago: University of Chicago Press, 1994.
  • Loue, Sana. Sexual Partnering, Sexual Practices, and Health, Chapter Two: Multi-Bonding: Polygamy, Polygyny, Polyamory." Springer Publications, 2005. ISBN 0-387-25923-6
  • Murdock, George Peter. Social Structure. New York: The MacMillan Company, 1949. ISBN 0-02-922290-7.
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